Agreement between. Sutter Medical Center of Santa Rosa. and. Engineers and Scientists of California

Transcription

1 Agreement between Sutter Medical Center of Santa Rosa and Engineers and Scientists of California Local 2 of the International Federation of Professionals and Technical Engineers (AFL-CIO & CLC) 23-27

2 TABLE OF CONTENTS Article No. Provision 1 PREAMBLE 1 2 DEFINITIONS 1 3 RECOGNITION 2 4 RIGHTS AND RESPONSIBILITIES Employer Rights Contracting Out Bargaining Unit Work Consultation Procedure Party Cooperation Right of Employer as to Employee Contact Employees Right to Review Evaluations and Warnings Access by Union No Strike Health and Safety Stewards Steward Duties Membership Dues Meeting Space Classification Study Requests Non-Discrimination Harmonious Labor-Management Relations Union Membership Employee Religious Convictions hdemnification 6 5 HOURS OF WORK AND OVERTIME Application Posting of Work Schedules Changes of Work Schedules Overtime Overtime Required and Authorized Overtime Not Cumulative Hours Included for Overtime Cancellation Rest Periods MealPeriods Initiation of Alternative Work Schedules (AWS) 9 6 STAFF DEVELOPMENT Professional Development Continuing Education Leave Inservice Training Mandatory Training Reimbursement Training Requests Training Agreements 12 7 PAID TIME OFF 12

3 Article No. Provision Page 7.1 Paid Time Off (PTO) Program Accrual of PTO Use of Accrued PTO Hours Scheduled Time Off Paid Time Off (PTO) Seliback Program Extended Sick Leave (ESL) Program Eligibility Accrual of ESL UseofESLHours SHORT-TERM DISABILITY Holidays Observed 17 8 HEALTH AND OTHER BENEFITS Plan Documents or Contracts Controlling Health Care Dental Benefits Vision Care Benefits Participation Eligibility Life Insurance Long Term Disability Medical, Pregnancy, Family Leave Medical Clearance Personal Leave Contribution for Benefits During Leaves of Absence Time Off for Voting Bereavement Leave Court Leave JuryDuty Time Off to Visit a Child s School No Break in Service Flexible Spending Accounts Employee Assistance Programs Sutter Health Retirement Plan Voluntary Tax Deferred Annuity Plan Malpractice Coverage Benefit Plan Dispute Resolution 23 9 EMPLOYEE RIGHTS Employee Performance Evaluation Review of Performance Evaluations Personal Property Reimbursement Non-Discrimination Probationary Period 23 1 COMPENSATION Wage Ranges General Wage and Equity Increases Phone Work Pay 24 II

4 Article No. Provision Page 14 Mileage Reimbursement Shift Differential Premium Shift Differential Premium Pay Split Shift Callback Premium Standby Duty Standby Premium Pay Bilingual Premium Termination of Bilingual Premium Relief in a Higher Classification Premium/Differential Pay Treatment Weekend Schedules Wound Care Premium WAGE UPON STATUS CHANGE WageUponHire Rehire Consideration Temporary to Permanent Appointment Wage Upon Restoration Advance Wage Upon Promotion Wage Upon Demotion Wage Upon Transfer Wage Upon Change of Class Wage Upon Reclassification of Position Step Advancement Within Wage Ranges ( Total Hours Required for Step Increase (b) Additional Steps (c) Effective Date of Step Increase DISCIPLINE LAYOFF Definition Notice Procedure Severance COBRA Restoration 3 14 GRIEVANCE PROCEDURE Written Warnings Right to Representation Complaints Employee Grievance Arbitration Time Limits and Other Provisions Power of Arbitrator Employee s Personnel Files Employee Participation

5 DIETITIAN MLT Licensed Article No. Provision Page 15 MISCELLANEOUS PROVISIONS Agreement Printing and Distribution FULL UNDERSTANDING Full Understanding and Modification Waiver Separability OPERATION OF AGREEMENT SALE OF SMCSR INTER-AFFILIATE EMPLOYMENT 35 2 TERM OF AGREEMENT ENACTMENT 36 Appendix A WAGES Appendix B - PTO SiDE LETTER OF AGREEMENT 39 Appendix C - SIDE LETTER OF AGREEMENT 39 Appendix D - ESL SIDE LETTER OF AGREEMENT 39 Appendix E - RHCA SIDE LETTER OF AGREEMENT 39 Appendix F - SIDE LETTER OF AGREEMENT 39 Side Letter of Agreement (Medical Social Worker Clinical Social Worker...4 Index iv

6 ARTICLE 1- PREAMBLE This Agreement between the duly appointed representatives of Sutter Medical Center of Santa Rosa, hereinafter referred to as SMCSR, and the Engineers and Scientists of California, International Federation of Professional and Technical Engineers, Local 2 (AFL-CIO & CLC), hereinafter referred to as Union, summarizes the agreement of each concerning wages, hours and other terms and conditions of employment for the term of this Agreement. This Agreement shall apply only to those Full-Time and Part-Time employees in classifications covered in Appendix A. ARTICLE 2- DEFINITIONS Base Hourly Rate: the hourly rate corresponding to the wage step in the wage range to which the employee is assigned. Break in Service: a break in employment from the Employer such as a termination or resignation. A break in service does not occur because an employee is in an unpaid status. Emergency Operations: the performance of hospital services during extra-ordinary circumstances effecting patients and/or staff such as disasters, general power failure, bomb threats, mass illnesses or other such occurrences lasting hours to days. Employee: any person legally employed by SMCSR and a member of the bargaining unit represented by the Union. Employee Full-Time: an employee who is employed in an approved position who is regularly scheduled for 64-8 hours of work in each pay period based on Full Time Equivalent (FTE) hours at hire date. The FTE hours may be adjusted by mutual agreement through the Personnel Action Notice process. Employee Part-Time: an employee who is employed in an approved position who is regularly scheduled to work no less than 32 hours but less than 64 hours of work each pay period based on FTE hours at hire date. The FTE hours may be amended by mutual agreement through the Personnel Action Notice process. Flex-Time Work Schedule: a work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of his/her work schedule in accordance with written arrangements agreed to by the employee and the department manager. Hours Worked: all time spent by the employee while the employee is engaged in duties or activities required by SMCSR and pursued necessarily and primarily for the benefit of SMCSR. Pay Date: each employee shall be paid for each hour of pay status and other compensation six (6) calendar days after the end of the pay period. If a holiday falls on a pay date, advance notice of alternative pay date will be communicated to all employees. Pay Period: fourteen (14) consecutive calendar days which begins on a Sunday and ends with the second Saturday thereafter. Pay Range: the pay level for any given classification. Pay Status: The time for which the employee is being paid. This includes hours worked, PTO, or any leave for which the employee is paid by the Hospital. Personnel File: is defined as the official employee personnel record maintained by SMCSR and kept in the Human Resources Department. Guidelines related to the content and storage of personnel files shall be in keeping with legal and regulatory requirements. Probationary Period: a period of time from the date of hire (see Article 9.4 for specifics) during which a new employee may be discharged by SMCSR without recourse to the Contractual provisions outlined in this document. Release Time: the time for which an employee is scheduled for work and is released from work duties to attend to Union Business at the request of the Union through the Human Resources Department. SMCSRIESC Agreement-January 15, 23 through January 14, 27

7 Regular Work Schedule: the determination by SMCSR of an employee s specific work days, work weeks, and work shifts, established on a regular, ongoing basis. Reprimand: a written warning stating that failure to correct a specific deficiency or deficiencies which may result in further disciplinary actions including, but not limited to, suspension without pay, demotion in classification, reduction in base wage or termination of employment. Seniority: all hours worked in an ESC-represented position at SMCSR. Split Shift: non-consecutive hours of work within a work day. Sutter Medical Center of Santa Rosa (SMCSR): A non-profit business enterprise including Board of Trustees and Chief Executive Officer and encompassing the acute care operations and clinics and other services covered under its Department of Health licenses. Union Business: time spent by an employee to represent another employee or employees in matters of disciplinary actions, grievances or negotiations; in conducting meetings or gathering/disseminating information; holding special elections or ratifications; or serving on committees as a representative of the bargaining unit or employees as a whole when initiated by the Union or SMCSR. Work Shift: the hours an employee is scheduled to work within a regular or alternate work day. Work Week: midnight Sunday through 11:59:59pm Saturday. This definition does not eliminate or supercede the definition of weekend (Article 1.13) for purposes of extra pay for consecutive weekends worked. Work Unit: a group of employees working under the same cost center i.e. Pharmacy, Clinical Lab, Social Services, Nutrition Services, Physical Therapy, Occupational Therapy, etc. ARTICLE 3- RECOGNITION 3.1 SMCSR recognizes ESC, Local 2 IFPTE as the sole recognized employee organization for the Health Professional Non-supervisory Bargaining Unit described in Appendix A. The bargaining unit consists of all Full-Time and Part-Time employees in the classifications listed in Appendix A which is referred to and made part of this Agreement. 3.2 Excluded from the bargaining unit are per diem employees, employees represented by another employee organization, supervisory and unrepresented employees. ARTICLE 4- RIGHTS AND RESPONSIBILITIES Reservation of Rights The employer retains all rights, powers, duties, responsibilities and authorities of a managerial or administrative character, except as specifically modified by the express provisions of this Agreement. 4.1 Employer Rights The Medical Center retains all rights, privileges, standards and practices not explicitly covered by the terms of this Agreement. This includes, but is not limited to, the right of the Medical Center to manage the Medical Center and to direct its employees, including the right to determine appropriate staffing levels in accordance with applicable laws, to establish lawful policies and procedures, to establish reasonable work standards and rules, to determine the type and scope of services and hours of operation, and to determine the methods, procedures, and means of providing health care services, the right to hire, discipline or discharge for just cause, the right to assign, transfer, layoff, and promote employees. 4.2 Contracting Out Bargaining Unit Work Prior to the Board of Trustees taking formal action to contract out bargaining unit work represented by the Union, SMCSR will inform the Union in writing of any substantial efforts being undertaken by SMCSR to consider contracting out such bargaining unit work. SMCSR will share with the Union SMCSRIESC Agreement-January through January 14, 27 2

8 any reports on such matters addressed to the Board of Trustees, and, upon request of the Union, will meet and discuss the contracting out proposal with the Union. If the Board of Trustees takes formal action to contract out any bargaining unit work, SMCSR will send (hand delivered or by certified mail, return receipt requested) a written 9-calendar day notice to each employee represented by the Union who will lose his/her position or be reduced in regularly scheduled work hours as a result of the contracting out action. SMCSR will send the Union a copy of all employee notices. The 9-day notice will specify that the employee will lose his/her position or be reduced in work hours effective 9 calendar days from the date the employee receives the notice. If SMCSR should decide to layoff or reduce the work hours of an employee prior to the expiration of the 9-day notice period, the employee shall receive regular pay and benefits for the amount of the employee s work days remaining within the 9-day notice period. In the event that an employee receives a 9-day notice, SMCSR will continue to make reasonable effort to place the affected employee in other available positions within SMCSR for which the employee is qualified consistent with layoff and restoration language of this Agreement. In return for the foregoing, the Union agrees SMCSR is under no obligation under state or federal law to meet and confer with the Union over either the decision to contract out bargaining unit work or the impact to represented employees resulting from such contracting out. 4.3 Consultation Procedure The employer agrees to fully consult with the Union by complying with the following procedure prior to implementing any changes in an existing policy or practice affecting an employee s conditions of employment. SMCSR shall provide a written copy of the proposed policy or practice change(s) to the Union s Business Agent at least fourteen (14) calendar days prior to the date of implementation of the proposed policy or practice; meet and fully discuss the proposed change(s) with the Union s Business Agent andjor designee(s), and, upon their request receive the Union s recommendations and concerns. 4.4 Party Cooperation The Union and the Employer will both make their best efforts to achieve the highest level of employee performance and production consistent with safety and good health. 4.5 Right of Employer as to Employee Conduct The employer may establish reasonable policies regarding the conduct of covered employees in connection with their employment. 4.6 Employees Right to Review Evaluations and Warnings Employees shall be provided a copy of, and be allowed the opportunity to read and sign performance evaluations or letters of warning prior to their placement in the employee s personnel file. Employees shall also have the right to provide a written response to any negative performance evaluation or letter of warning and have it placed in their personnel file. This response must be made within 6 calendar days, exclusive of previously scheduled leave, of the employee s receipt of the performance evaluation or letter of warning. 4.7 Access by Union Duly authorized representatives of the Union shall be permitted to enter the facilities operated by the Employer at all reasonable times to transact Union business and observe conditions under which employees are employed; provided, however, that no interference with the work of employees shall result, and such right of entry shall at all times be subject to general hospital and clinic rules applicable to non-employees including but not limited to patient confidentiality and privacy regulations. SMCSRJESC Agreement-January 15, 23 through January 14, 27 3

9 b) Union representatives shall be allowed access to an employee s personnel files; after the employee s written consent is presented to Human Resources. c) The Employer shall provide a bulletin board at each facility for posting notices of Union activities. A designated Union representative shall be responsible for posting material submitted by the Union, a copy of which shall be furnished the Employer before posting. 4.8 No Strike SMCSR and the Union both acknowledge that the Employer s services to the community differ from those of other industries in that they must be carried on continuously, and agree that therefore there shall be no lockout on the part of SMCSR nor suspension of work on the part of the employees, it being one of the purposes of this Agreement to assure that there will be no strike, lockouts or work stoppage, instead, all disputes or other matters of controversy coming within the scope of this Agreement shall be settled by the Grievance Procedure. Neither the Union nor its members, or agents, or representatives, or the employees, or person s acting in concert with any of them, shall incite, encourage, or participate in any strike, walkout, slowdown, sympathy strike or other work stoppage for any nature whatsoever during the life of this Agreement for any cause or dispute whatsoever or wheresoever located; including but not limited to, disputes which are subject to the grievance and arbitration provisions of this Agreement and disputes which are specifically not subject to the grievance and arbitration provisions of this Agreement. SMCSR shall not cause or engage in any lockout of its employees during the term of this Agreement. The term lockout does not include the discharge, suspension, termination, retirement, layoff, or failure to recall to work, employees by SMCSR in the exercise of its rights as set forth in any provision of this Agreement. 4.9 Health and Safety The Employer shall provide reasonable and safe working conditions consistent with accepted standards for the nature of the process and work performed. Work assignments shall be made only if they are in accordance with this principle. Work conditions which appear to be inconsistent with this principle may be brought to the attention of the area supervisor by any employee; and, if the supervisor is unable to resolve the problem, it may be submitted for investigation by the Facility Safety Committee. Thirty (3 days following ratification of this Agreement the Union may designate an employee representative to be assigned to the Facility Safety Committee. Such attendance in safety committees shall not result in loss of pay to employees. 4.1 Stewards The Union may designate Stewards from among employees in the bargaining unit. Stewards have the right and obligation to represent and assist individual employees as provided for under the law. The Union will provide SMCSR s Human Resources Director with a current and updated list of Stewards Steward Duties Duties required by the Union of its Stewards, except for attendance at formal meetings with the Employer, supervisory personnel and aggrieved employees arising out of a pre-disciplinary investigation, pre-disciplinary meeting, or any meeting under the grievance procedure, will not be done on the Steward s duty time nor interfere with any other employee s regular work assignments. No Steward may leave duty or work for purposes of Union representation without the specific approval of the Steward s supervisor or other authorized management official. Such release will not be capriciously or arbitrarily denied. (Discipline as used in this provision shall mean oral or written reprimands, suspension without pay, involuntary demotion, or involuntary discharge.) The Union and SMCSRJESC Agreement-January 15, 23 through January 14, 27 4

10 the Employer agree that employee performance evaluation meetings which do not include a discussion of discipline will not create a right for Steward representation or assistance at the meeting. While the Union is free to chose its Stewards from employees, it agrees that the number of Stewards from any one department, division or work unit will not hinder effective working relationships or productivity and delivery of services. The Union s request for Steward release time shall not be made capriciously or arbitrarily and release time demands of any one employee shall be within reasonable limits. SMCSR will not take reprisal against any Steward for the Steward s protected activities as provided for under this Agreement Membership Dues SMCSR agrees to deduct all Union dues, insurance premiums and assessments from the pay of those employees who have authorized such deductions be made. SMCSR will promptly remit the periodic Union dues or service fees to the Union, together with a list of names of employees for whom deductions were made Meeting Space Upon request of the Union, SMCSR may provide meeting space outside working hours, provided such space is available and the Union complies with all departmental rules and policies. Request for use of facilities shall be made in advance to the Human Resources Department, and will indicate the date, time, and general purpose of the meeting and facilities needed Classification Study Requests In response to a written request from a department head, the Union, or an employee for a reclassification study, the Human Resources Department shall acknowledge receipt of such request, and if possible, indicate the general priority, if known, within thirty (3 calendar days of the date said request is received by the Human Resources Department. The Human Resources Director or designee will review the status of pending classification study requests with a staff member of the Union upon request Non-Discrimination Neither SMCSR nor the Union will discriminate against any employee because of the employee s legitimate Union activity or non-involvement in Union activity, or by reason of race, color, religion, national origin, sex, sexual orientation, marital status, age, disability or veteran status in accordance with applicable state and federal law, union or political affiliation, or medical condition (cancer or other conditions protected by the California Fair Employment & Housing Act) Harmonious Labor-Management Relations The Union recognizes its obligation to cooperate with SMCSR to help ensure maximum service of the highest quality and efficiency, as professionals. SMCSR and the Union recognize their obligations to treat employees in a fair and equitable manner. SMCSR and the Union affirm the principle that harmonious labor-management relations are to be promoted and furthered Union Membership All employees subject to this Agreement presently employed by SMCSR on the execution date of this Agreement who are members of the Union, and all such employees who may subsequently become members of the Union, shall be required as a condition of employment to maintain their membership in the Union in good standing during the life of this Agreement. All new employees subject to this Agreement first employed by SMCSR after the execution date of this Agreement shall as a condition of employment either (1) join and remain a member of the Union SMCSRJESC Agreement-January 15, 23 through January

11 within thirty (3 days after employment, or (2) in the alternative, pay to the Union amounts equal to the periodic dues applicable to members of the Union commencing within thirty (3 days after employment as a service fee. Within fourteen (14) days after SMCSR hires a new employee, SMCSR will inform the Union in writing of the name, address, and classification of said individual. Said notification shall be forwarded to the Union at its office at 835 Howard Street, 2nd Floor, San Francisco, CA 9413 (Note - Effective September 1, 23 notifications will be mailed to 81 Clay Street, Oakland, CA 9467) Employee Religious Convictions Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment. Such employee shall pay a sum equal to the service fee described in Article 4.17 to a non-religious, non-labor charitable fund exempt from taxation under section 5(c)(3) of Title 26 of the Internal Revenue Code, chosen by the employee, and agreed to by the Union and SMCSR. The employee shall have, on a bi-weekly basis, a payroll deduction of this charitable contribution. If such employee who holds conscientious objections pursuant to this section requests ESC to use the grievance-arbitration procedure on the employee s behalf, ESC is authorized to charge the employee for the reasonable cost of using such procedure Indemnification The Union shall indemnify SMCSR and hold it harmless against any and all suits, claims, grievances, demands and liabilities that arise out of or by reason of any action or omission of the employer in complying or attempting to comply with the parties agreement on union membership. ARTICLE 5- HOURS OF WORK AND OVERTIME 5.1 Application This article is intended only as a basis for outlining standards for work, work schedules and a basis for calculating overtime payments. Hours specified under types of employment (Full-time and Parttime as defined in DEFINITIONS) indicate a commitment by SMCSR to minimum and maximum hours each employee is to be regularly scheduled, as long as there is sufficient work. 5.2 Posting of Work Schedules For the convenience of employees, work schedules will be posted at least fourteen (14) days in advance. 5.3 Changes of Work Schedule ( Except in cases where emergency operations require, notice of a change in work schedule arising from other than transfer or promotion shall be given to the affected employee not less than 48 hours prior to the beginning of the schedule change. (b) Failure to give the two (2) days notice to a full-time or part-time employee shall entitle the affected employee to one and one half times the employee s base hourly rate for all hours actually worked on the new schedule which are at variance from the employee s previous schedule until 48 hours notice is given, unless the employee voluntarily agrees to the change. (c) Any full-time or part-time employee who doubles back to work without a rest period of at least eight (8) hours, will be paid at the overtime rate at the start of the subsequent shift until such time SMCSRJESC Agreement-January 15, 23 through January 14, 27 6

12 that a rest period would have been equal to eight (8) hours. Hours worked beyond that point will continue to be subject to Article 5.4 application. (d) Distribution of Standby, Overtime, and Additional Hours The Hospital will distribute standby duty, overtime, and additional hours in a rotational sequence on a day-by-day basis, established by seniority among those qualified employees in any one contract classification concerned, who have volunteered to be on standby or work overtime. If no one volunteers to work the overtime, take the standby or additional hours, they will be assigned on a rotational day-by-day assignment basis, by reverse seniority. (e) Seniority Changes in shift assignment, additional hours, or increases in FTE shall be offered according to seniority among the qualified employees in the affected job class. 5.4 Overtime Overtime for all employees is defined as hours worked: ( in excess of 8 hours in a pay period; (b) in excess of 8 hours (for a 5/8 schedule) or 1 hours (for a 4/1 schedule) on a regular work day or in excess of the normal full time work schedule established by SMCSR; (c) overtime shall be accrued at the rate of one and one half (1½) hours for each overtime hour worked through the twelfth consecutive hour, and after the twelfth consecutive hour, overtime shall be accrued at the rate of two (2) hours for each consecutive one (1) overtime hour worked; (d) a part time employee who works in excess of eight hours (8 hours/5days) or 1 hours (4/1 on a shift with a portion of the time worked extending past the end of the employee s regular workday shall be entitled to overtime for all hours over 8 or 1 hours respectively. Such overtime hours worked shall not count in the computation of overtime for non-consecutive hours worked later in the same regular workday; (e) any time worked on a holiday as provided for in this Agreement in the Holidays Observed section; (f) hours actually worked on the seventh consecutive full (8 hour) day and any consecutive full (8 hour) days worked thereafter; (g) and, hours actually worked on the sixth consecutive full (1 hour) day and any consecutive full (1 hour) days worked thereafter. 5.5 Overtime Required and Authorized SMCSR may require or authorize an employee to work overtime if such overtime is necessary in the judgment of SMCSR. No employee shall work overtime unless authorized by the employee s supervisor. 5.6 Overtime Not Cumulative Overtime eligibility provisions are not cumulative. An employee shall not be entitled to multiple overtime compensation even though more than one of the conditions set forth herein may apply with respect to a particular unit of time. 5.7 Hours Included for Overtime All hours actually worked will count toward overtime. 5.8 Cancellation SMCSRJESC Agreement-January through January 14,27 7

13 ( Voluntary Shift Adjustments A voluntary system shall be used in each hospital work unit for temporary adjustments in hours, assuming that remaining employees possess comparable skill levels. Employees who volunteer can use accrued PTO. (b) Involuntary Shift Adjustments Absent volunteers, temporary adjustments in hours shall be implemented by the hospital work unit subject to approval by the supervisor. (c) Reduction in Hours Should there be no volunteers, the hospital work unit s supervisor shall consider skills and seniority in reducing hours based on the following order: 1) Temporary agency employees within the work unit. 2) Per diem employees within the work unit. 3) Per diem employees in another work unit if the least senior full-time or part-time employee in the respective unit has comparable skills as demonstrated on Competency Based Assessment necessary for assignment to a different unit (e.g. Pharmacy, Laboratory) 4) The least senior full-time or part-time employee in the respective work unit based on seniority and Competency Based Assessment where applicable. (d) Inappropriate Temporary Adjustment in Hours A full-time or part-time employee who is inappropriately reduced in hours according to the procedural requirements shall be notified by the supervisor and entitled to be exempted the next time the employee s hours are to be reduced. (e) Maximum Involuntary Temporary Adjustment in Hours Full-time and part-time employees who are subject to involuntary reduction in hours may be reduced by a maximum of eighty (8 hours in any calendar year. Employees shall not be reduced in hours for more than one shift in a pay period, and may use available PTO to cover the reduced hours. (f) Inappropriate Reduction Beyond Maximum Full-time or part-time employees who are inappropriately reduced in excess of the maximum specified above shall receive the employee s base hourly rate and shift premium, if any, for every hour reduced inappropriately. (g) Notification of Temporary Adjustment in Hours Reasonable effort shall be made to notify employees of reductions as soon as possible. The communication attempt must occur at least two (2) hours prior to the beginning of the scheduled shift. If not near a telephone during the notification hours immediately prior to the scheduled shift, it is the responsibility of the employee to contact the designated person for confirmation of work hours. (h) Required Notice Not Given If the employer fails to make a reasonable effort to notify the employee at least two (2) hours prior to the beginning of the scheduled shift, the employee shall be entitled to no more than 4 hours of the scheduled work and pay within the shift in which it occurred. Employees will be given the option to waive the 4 hours of work and pay or use PTO in an amount equal to the cancelled shift. (i) Not a Layoff No actions under this article shall be considered a lay-off under the lay-off provisions. SMCSRIESC Agreement-January 15, 23 through January 14, 27 8

14 5.9 Rest Periods Each department head shall grant rest periods to employees, except where unusual operational demands prevent a rest period. Rest periods will not be unreasonably or consistently denied. Rest periods shall not exceed 15 minutes in any four consecutive hours of work and shall be considered as time worked. 5.1 Meal Periods Employees shall be granted a duty-free meal period during each work shift. The duration of the meal period may be not less than 3 minutes nor greater than 6 minutes. Different meal periods may be assigned to different work units in the same department or division. Duty-free meal periods shall not be considered as time worked. In those special circumstances where SMCSR determines a duty-free meal period is not appropriate with the delivery of efficient and productive services to the public, as determined by the department manager, the employee shall be assigned to a non-duty free meal period which shall be considered as time worked. If SMCSR plans to modify this section, the department shall give the affected employee(s) advance written notice and provide an opportunity for the affected employee(s) to discuss the issue with their supervisor before final action is taken Initiation of Alternate Work Schedules (AWS) SMCSR may implement an AWS, on a schedule set forth below herein, for a division, department, job classification, shift, separate physical location, or recognized subdivision of one of the below work units, after providing forty-five (45) calendar days notice to the Union and employees affected. SMCSR will meet with the Union upon request to discuss the proposed AWS and any alternatives proposed by the union or employees. At the expiration of this forty-five day notice period, the Medical Center may in its discretion implement the initial proposed AWS. The Union may propose an AWS for a division, department, job classification, shift, separate physical location, or recognized subdivision of such work unit. The Medical Center shall meet with the union and employees affected to discuss the union s proposal. The Medical Center may, in its discretion, implement the union s proposed AWS. An employee may request an individual AWS. Union and SMCSR. Such request shall be made in writing to both the AWS Hours of Work: Four Ten-Hour Schedule: The straight-time regular workweek for employees assigned to a four ten-hour AWS shall consist of no more than forty (4 hours, four days a week. A straight-time regular workday shall consist of no more than 1 hours worked within one workday. Work in excess of ten (1 hours in a day or in excess of forty(4 hours in a workweek shall be paid at an overtime rate. Ten-Hour Seven on Seven off: The straight-time regular work period for employees assigned to seven consecutive ten-hour shifts followed by seven consecutive days off shall consist of no more than seventy (7 hours, seven days during a fourteen-day week period. This will consist of an alternative work schedule arrangement of one workweek of forty (4 hours (i.e. four 1-hour days) and a second workweek of thirty (3 hours (i.e. three 1-hour days). A straight-time regular workday shall consist of no more than 1 hours worked within one workday. Work in excess of ten (1 hours in a day or in excess of forty (4 hours in one workweek or in excess of thirty (3 hours in the other workweek shall be paid at an overtime rate. This section cancels out the overtime provision in section 5.4(g) of the contract except in the case of Night Shift Pharmacists. Night shift SMCSR ESC Agreement-January 15, 23 through January 14, 27 9

15 pharmacists shall continue to receive overtime on the sixth consecutive day and any consecutive full (1 hour) day worked thereafter per section 5.4(g). Three Twelve-Hour Schedule: The straight-time regular workweek for employees assigned to a three twelve-hour AWS shall consist of no more than thirty-six (36) hours, three days a week. A straight-time regular workday shall consist of no more than 12 hours worked within one workday. Work in excess of twelve (12) hours in a workday or in excess of forty (4 hours in a workweek shall be paid at an overtime rate. Rest and Meal Periods (AWS): In each 12-hour shift there will be three (3) 15-minute rest periods without reduction in pay. In each 1-hour shift, there will be two 15-minute rest periods without reduction in pay. Employees working AWS schedules that include workdays more than 1 hours waive one of their two meal periods. The remaining single, 3-6 minute unpaid meal period shall be provided as close to the middle of the shift as possible._employees working AWS schedules who are non-direct patient care employees, as defined by California Wage Orders, will begin the 3-6 minute meal period no later than hour 5 of work. Unpaid meal periods greater than 3 minutes in length are required to be approved by management. If an employee is unable to work a new AWS schedule, the Medical Center and the Union shall meet in good faith to determine whether a reasonable accommodation is available that would allow the employee to work no more than eight (8) hours in a workday. ARTICLE 6- STAFF DEVELOPMENT 6.1 Professional Development Each employee in the bargaining unit shall be entitled to use professional development funds based on the following pro-rated scale: FTE $1,5 $75 Employees hired, or per diem employee who change to a benefit eligible status, on or after July 1 of the year, will be eligible for half of the benefit amount stated above. Part time employees who increase their FTE and become full time on or after July 1 will be eligible for half the difference between the part time and full time benefit. Requests for funds must be submitted with a Request for Payment/Reimbursement form and supporting documentation (such as proof of payment and proof of completion) to your department manager for approval. Allowable expenses are: ( (b) (c) Membership dues to professional organizations that are related to a profession that SMCSR employs; Costs associated with enrollment in a course of study approved by the employee s department manager or designee and that is related to a profession that SMCSR employs; Books, journals, periodicals, s, DVD s, downloadable computer software* and any other media approved for employees by the department manager during the term of this Agreement I SMCSR/ESC Agreement-January 15, 23 through January 14,27

16 (d) (e) and which are directly related to a profession that SMCSR employs. Computer hardware (e.g. PDA, Pocket PC, etc.) purchases are not an eligible expense under this Professional Development benefit. * Installation of any software on SMCSR owned computers must be approved by the System Support Manager or designee. In the event that the request is not approved to install the software due to licensing concerns, consideration may be made for SMCSR to purchase software directly, provided the department manager determines the software to be beneficial and within departmental budgetary boundaries for a particular employee group. Travel, lodging and other expenses which are necessary for an individual to attend professional meetings, conferences or seminars. Professional license fees required by the employee s classification or deemed highly desirable by the department head. The payment of funds to employees under this section may be made on a reimbursement basis. Each claim for reimbursement shall total at least twenty-five (25) dollars, unless the remaining balance of unspent funds is less than $25. Two or more claims of less than $25 each but totaling $25 or more may be submitted as one claim for reimbursement during the year in which the expenses occurred, provided that funds will not be authorized for employees who receive or who are authorized to receive funds from another source. 6.2 Continuing Education Leave Each full-time employee is eligible for 4 hours of Continuing Education Leave per year; each parttime employee is eligible for 2 hours of Continuing Education Leave per year. Approval is required in advance for Continuing Education Leave. As with Professional Development funds, any new employee, or employee who becomes benefit eligible, on or after July 1 of the year will be eligible for half the benefit indicated above. Part time employees who increase FTE and become full time on or after July 1 will be eligible for half the difference between the part time and full time benefit. Continuing Education Leave is subject to the following conditions: ( Courses taken on SMCSR time must be directly related to the employee s present position, or career advancement within SMCSR. (b) Requests for such leave must be approved by the employee s department manager or designee. Such leave will not be unreasonably denied. (c) Approval for such leave will be based, in the judgment of SMCSR on the needs of SMCSR, the needs of the employee and the availability of adequate resources to cover the absence of the employee. (d) Time spent by an employee on an approved continuing education leave will be considered as normal time worked for the period of the employee s absence which falls within the employee s regular work schedule. (e) Approval of one course does not automatically constitute approval for an entire series unless specifically authorized by the employee s department manager or designee 6.3 Inservice Training SMCSRIESC Agreement-January 15, 23 through January 14,27 11

17 SMCSR shall make every effort to provide a program of inservice training that is designated to maintain a high standard of performance and to increase the skills of employees in the bargaining unit. Training courses to be attended shall have a direct bearing on the work of the employee. Attendance at training courses may be required by the department manager. Decisions by department managers on requests by employees should be based upon the effect the absence of the employee will have on the department s operations and its ability to continue to provide the services and perform the functions for which it is responsible; and the relationship of the subject of the program, seminar, conference or workshop to the function performed by the employee and the department, and the employee s professional development. 6.4 Mandatory Training Reimbursement If SMCSR requires an employee to attend a specific course or program, SMCSR will bear the cost of the course or program and reasonable expenses. 6.5 Training Requests When several employees within a department make requests to attend training and it is not possible to grant attendance for all those employees who have made such a request, because of the criteria listed in Continuing Education Leave above, the department manager shall establish an attendance list based upon the following order of priority: prior identified training needs; prior attendance at similar courses; and seniority. 6.6 Training Agreements When attendance at any one course extends over a period in excess of four (4) days, whether consecutive or at regular intervals, and when an expenditure of $5 or more is required to cover expenses, then an employee shall be required to sign an agreement wherein the employee shall reimburse the Employer for c\osts of the training, including tuition, books, travel and living expenses paid by the Employer, if the employee leaves SMCSR employment within one (1) year after completion of the training course. If the employee leaves SMCSR employment between one (1) and two (2) years after completion of the training course, the employee will reimburse SMCSR for onehalf the cost. An Inservice Training Agreement shall not be required where a department requires an employee to attend inservice training. This section (6.6) is not grievable or arbitrable. SMCSR shall not require reimbursement from an employee who is involuntarily laid off from SMCSR employment. ARTICLE 7- PAID TIME OFF There are many reasons people need time off from work: vacation, holidays, disability, personal necessity, or for other reasons. SMCSR provides a bank of paid time off to all regular full-time and part-time employees for these reasons. One advantage to having a paid time off program is the more hours you work (up to 8 hours in a pay period), the more Paid Time Off (PTO) hours you earn. SMCSR s approach to Paid Time Off gives you more flexibility than traditional vacation, holiday, and sick programs, where you are forced to use hours or lose them. For example, since some hours are built into this bank to protect you against occasional incidental sick days (approximately 5 per year), if you are not sick during the year, you can take more days as vacation or personal time off. Also, if you are unable to work because of an extended disability, a portion of your pay may continue under SMCSR s Short Term Disability (STD) Program, and for those with existing balances, use of Extended Sick Leave (ESL). Paid Time Off (PTO), Short Term Disability (STD), and Extended Sick Leave are explained in the following sections. These programs are designed to work together to provide you with respectively, paid time off for vacation, holiday and other reasons of a personal necessity, as well as with some income protection in times of illness or injury. SMCSRIESC AgreementJanuary 15, 23 through January 14, 27 12

18 7.1 Paid Time Off (PTO) Program You earn paid time off hours each year through the Paid Time Off (PTO) program. The amount of PTO increases as your years of service with SMCSR increases. You use this bank of hours for holidays, vacations, reasons of a personal necessity and incidental, short-term illnesses. If you do not use all your PTO time in one year, you can carry over your accrual to the next year. The maximum accrual is 4 hours effective April 1, 23. All regular full-time and regular part-time employees are eligible for this benefit. temporary employees are not eligible. SMCSR pays the full cost of the PTO program. Per diem and Accrual of PTO PTO hours accrue from your date of hire. PTO accruals shall be based on total hours worked not to exceed 8 hours in a pay period. The accrual rate increases with length of service at SMCSR: ( PTO hours accrue on straight time hours worked, PTO hours taken, ESL hours taken, hours worked on a holiday, overtime, jury duty, required cancellation time off (RTO), bereavement leave, and hospital approved education days, to a maximum of 8 hours per pay period. (b) PTO does not accrue on standby, Short Term Disability (STD), SDI benefits, Workers Compensation benefits, Long term disability payments, leaves of absence (except PTO used during a medical or family care LOA), PTO that is paid as a lump sum, or hours in excess of 8 per pay period. Years of Hourly Maximum Hourly FTE Annual Maximum Service Accrual Rate Accrual Per Pay Period Accrual Rate Accruals (Base) jst 3rd thru days (2 hrs) 4 hrs 4rh thru 8th days (24 hrs) 4 hrs 9(11 thru ]4tl days (28 hrs) 4 hrs 15 thru days (296 hrs) 4 hrs odays(32Ohrs) 4hrs Effective April 1,23, PTO accrual stops when you reach the maximum accrual of 4 hours. PTO hours will start to accrue again when PTO is used and your bank falls below the maximum accrual. rh th All eligible employees are assigned an hourly accrual rate corresponding to their years of service at SMCSR. Through this method, the annual accrual is automatically pro-rated for part-time employees. For example, a part-time employee with less than 3 years of service works 1,4 eligible hours per year. For each eligible hour, this employee accrues.9615 of PTO. Therefore, 1,4 x.9615 = 1 hours (12.5 days per year.) Use of Accrued PTO Hours PTO hours can be used for approved time off effective the first pay period following the pay period in which you have completed 3 calendar days of regular service to take paid holidays, vacations, absences for personal business or for short-term illness. As you use these hours, they are subtracted from your PTO bank. As with any scheduled time off, your department manager s approval is required in advance except for unanticipated illness or emergency. In most cases, two weeks advance notice is required to schedule time off. However, this requirement may vary depending upon departmental scheduling procedures. Check with your supervisor about the advance notice requirements in your department and which requests, if any, need to be in writing. SMCSRIESC Agreement-January 15, 23 through January 14, 27 3

19 You will receive payment for approved time off as long as you have enough PTO time in your bank and, as long as you have not requested PTO hours which would result in a pay out of hours in excess of the total hours that you are regularly scheduled to work in a pay period. A regular full-time employee can request PTO to receive a maximum of 8 hours in a pay period once combined with other hours worked or paid. Similarly, a regular part-time employee who normally works 48 hours in a pay period can request PTO to receive a total of 48 hours in their check once combined with other hours worked or paid. The intent of PTO is to permit you to cover hours off with pay, but not to permit you to exceed your normal earnings. PTO payment is made at your current base rate of pay. SMCSR believes that all of us need some continuous time away from work each year. Therefore, using PTO hours for vacation time is encouraged Scheduled Time Off Scheduled time off shall be arranged with the department manager with particular regard to the needs of the department, and whenever possible, with regard to the wishes of the employees. Each employee s vacation time may be so divided as the needs of the department require or permit. No employee may take vacation without advance approval of the department manager or designee. No employee may take vacation leave in advance of that actually accumulated by the employee at the time such leave is taken. If an employee is unreasonably denied a request for PTO due to department need, or if an employee has previously scheduled approved PTO and is then required to work by his/her manager, and the employee is at or near his/her maximum accrual level, the employee would continue to accrue additional PTO for hours worked in excess of the maximum accrual limit until the department schedule allows for the time off. To assist employees at or near their maximum accrual levels it is expected that they will reduce their PTO accrual by utilizing the PTO sellback program Paid Time Off (PTO) Seilback Program Employees with 2 hours or more of PTO accrual may be paid for hours over 2 on or about each May and November, consistent with SMCSR policies. A Request for Pay Out Form must be signed by the employee, signed by their department manager and submitted to the Payroll Department prior to May 1 and November Extended Sick Leave (ESL) Program Effective April 1, 23, accrual of ESL as described in this Agreement will cease, and the ESL balances available to each ESC member will be capped at that time. The STD provision as described in the following Sections will then take effect. Extended Sick Leave (ESL) helps provide you with income protection for illnesses and injuries of a duration longer than five (5) calendar days where you cannot work because of illness or injury. Since ESL is not applicable for incidental illnesses, it works most often in combination with State Disability Insurance (SDI), Workers Compensation, Short Term Disability (STD), and Social Security disability benefits. Since the PTO program provides for several sick days annually for incidental illnesses, you use your PTO hours to receive compensation during the first five (5) calendar days of missed scheduled hours. SMCSR pays the full cost of the ESL Program. If you become ill or injured, notify your supervisor as soon as possible prior to the start of your shift. A doctor s certification describing the nature of your disability and an estimate of when you are expected to return to work will be required to use ESL. Your circumstances may require that you be placed on a Leave of Absence (LOA) with a Fitness for Duty exam upon return. 7.3 Eligibility Until April 1, 23, all regular full-time and regular part-time employees are eligible for this benefit. Per diem and temporary employees are not eligible. 7.4 Accrual of ESL SMCSRJESC Agreement-January 15, 23 through January 14, 27 14

20 Until April 1, 23, ESL hours accrue from your date of hire at an accrual rate of.46 per hour (or 12 days per year for full-time employees) for all eligible employees. The maximum ESL accrual is 5 hours, at which time the ESL accrual stops until some ESL is used and your bank falls below the maximum accrual. ( ESL hours accrue on straight time hours worked, PTO hours taken, ESL hours taken, hours worked on a holiday, overtime, jury duty, required cancellation time off (RTO), bereavement leave, and hospital approved education days, to a maximum of 8 hours per pay period. (b) ESL does not accrue on standby, SDI benefits, Worker s Compensation benefits, Long term disability payments, leaves of absence (except PTO or ESL used during a medical or family care LOA), PTO that is paid as a lump sum, or hours in excess of 8 per pay period. 7.5 Use of ESL Hours Accrued ESL hours are available for use for any absence which qualifies under ESL policies effective the first pay period following the pay period in which you complete 9 calendar days (3 months) of regular service. ESL hours are used in increments to supplement other disability benefits, or amounts equal to a full shift for each employee until such time as your ESL bank of hours is exhausted. ESL hours are insurance and are not paid out upon termination of employment. Effective April 1, 23, ESL hours currently accrued and in an employees bank will remain available for that employees use as described above, or for supplementing approved Short Term Disability (STD). 7.6 SHORT-TERM DISABiliTY Effective April 1, 23, Employees covered by this Agreement will cease to accrue ESL, and the ESL program will be replaced by a Short Term Disability (STD) Program as described below. A. Accumulation All benefited employees working at least 16 hours per week (.4FTE) are eligible for short-term disability (STD) benefits after 12 months in a benefit-eligible position. STD supplements the employees benefit up to sixty-six and two-thirds (66.67%) of the employee s pre-disability earnings for up to a maximum of 18 days, when integrated with State Disability Insurance (SDI) and/or Workers Compensation (WC). Employees may supplement STD with accrued, unused PTO and/or ESL hours to increase their benefit to 1% of their pre-disability earnings (base pay plus any regularly scheduled shift differential pay). Employees must notify the Hospital of their desire to use PTO and/or ESL when they initiate the STD benefit claim, subject to terms of the STD program and ESL provisions/policy. This is a one time, irrevocable, choice on the employee s part and can not be made at a later date. B. Elimination Period There will be a seven (7) calendar day elimination period before benefits are paid for nonoccupational injuries and illnesses and a three (3) calendar day elimination period for occupational injuries or illnesses. Accrued, unused PTO may be used during the elimination period. C. Proof The Hospital will require employees to request and be approved for a medical leave of absence to access the plan. A Benefit Claim form certified by a physician will need to be submitted within 14 days from the start of the disability. D. Integration Employees must apply for and receive State Disability Insurance or Workers Compensation benefits. Proof of receipt of SDI or WC must be provided within 45 days of the disability. STD benefits will be subject to integration with Workers Compensation and State Disability Insurance benefits. SMCSR/ESC Agreement-January 15, 23 through January 14, 27 15